The Appellate Division recently decided in favor of an association as it pertains to the amount of attorneys fees awarded in the matter of Summerhill Condominium v. Venner. What is most germane to associations is the fact the lower Court found, and was upheld by the Appellate division, the attorneys fees and costs to be reasonable, despite the attorneys fees being more than 50% of the amount of maintenance fees due.
While the Appellate Court stated that the work needed to complete this matter was not “novel or complex”, the Court did recognized the amount of work needed to complete the matter, and agreed that the fees in this matter were similar to fees that are regularly charged for this type of work.
It is important that Courts have an understanding of the legal work needed to collect maintenance fees. Regardless of the amount owed to an association, the attorneys fees and costs needed are similar no matter the amount owed.